[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990
as Ch. 10, Art. 4, Secs. 401 and 402, of the 1990 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and other construction codes — See Ch. 92.
A.
It shall be unlawful for any person, firm or corporation
to move any building or structure for which a building permit is required
within the municipality without written permit to do so. Application shall
be made to the City Clerk and shall include present and future location of
the building to be moved, the proposed route, the equipment to be used and
such other information as the Council may require. The application shall be
accompanied by a certificate issued by the County Treasurer to the effect
that all the provisions regulating the moving of buildings have been complied
with on the part of the owner of the real estate upon which said building
is presently located.
B.
The applicant for the building permit shall be responsible
to notify all owners and occupants of real estate located within 150 feet
of the property to which the building is proposed to be moved, of the fact
that a permit has been applied for, the address or legal description of the
property to which the building is to be moved and the place and date of the
public hearing on the permit application. Such notice shall be personally
served by written notice thereof at least 10 days prior to the date of the
hearing. When such notice cannot be served personally upon such owner and
occupants, a written notice of such hearing shall be mailed to such owners
and occupants addressed to their last known address mailed by regular United
States mail, postage prepaid. The applicant shall file an affidavit with the
City Clerk pursuant to this section prior to public hearing.
C.
The City Clerk shall refer said application to the Council
for approval and for approval of the proposed route for which said building
is to be moved. The Council shall consider said application at a public hearing
and notice of the public hearing shall be given one time at least ten days
prior to the date of the hearing by publication thereof in a newspaper of
general circulation within the city.
D.
Upon approval by the Council the City Clerk shall then
issue said permit; provided that a good and sufficient corporate surety bond,
check or cash in the amount set by motion of the Council and conditioned upon
moving said building without doing damage to any private or municipal property
is filed with the City Clerk prior to the granting of any permit.
E.
In the event that it will be necessary for any licensed
building mover to interfere with the telephone or telegraph poles and wires
or a gas line, the company or companies owning, using or operating said poles,
wires or line shall upon proper notice of at least 24 hours, be present and
assist by disconnecting said poles, wires or line relative to the building
moving operation. All expense of said disconnection, removal or related work
shall be paid in advance by the licensee, unless such disconnection or work
is furnished on different terms as provided in said company's franchise. Whenever
the moving of any building necessitates interference with a water main, sewer
main, pipes or wires belonging to the municipality, notice, in writing, of
the time and route of said building moving operation shall be given to the
various municipal officials in charge of the municipal utility departments
who shall proceed on behalf of the municipality and at the expense of the
mover to make such disconnections and to do such work as is necessary.
At such time as the building moving has been completed, the municipal
police shall inspect the premises and report to the City Clerk as to the extent
of damages, if any, resulting from said relocation and whether any municipal
laws have been violated during said operation. Upon a satisfactory report
from the municipal police the City Clerk shall return the corporate surety
bond, cash or check deposited by the applicant. In the event that the basement,
foundation or portion thereof is not properly filled, covered or in a clean
and sanitary condition, the Council may apply the money deposited for the
purpose of defraying the expense of correcting said conditions. If the expense
of correcting the hazardous condition is greater than the amount of the deposit
set by resolution of the Council as required herein, the Council may recover
such excess expense by civil suit or otherwise as prescribed by law.
[Amended 5-5-1998 by Ord.
No. 1264]
Any person who violates any of the prohibitions or provisions of section
of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise
specified in the particular section for which the person stands convicted
of violating, the penalty for such violation shall be in any amount not exceeding
$500 or imprisonment six months, or both said fine and imprisonment at the
discretion of the sentencing court.
